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(영문) 의정부지방법원 2017.01.06 2016고단2641
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 12, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 12, 2013, and a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on July 6, 2016.

[2] On June 28, 2016, the Defendant, who violated the prohibition of driving under the influence of alcohol at least twice, was driving a vehicle with two low alcohol alcohol without obtaining a driver’s license under the influence of alcohol from about 3km to about 0.077% in the direction of the 10-day village center located in the Eup/Myeon located in the same Eup/Myeon, from the road near the site of “srarath,” located in the family of Pyeongtaek-gu, Pyeongtaek-gun, Pyeongtaek-gun, Bupyeong-gu, Bupyeong-gu, Gyeong-gun, to the front of the 10-day village hall located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A traffic accident report;

1. Inquiry into mandatory insurance (the record of the crime in its holding);

1. Inquiry about criminal history;

1. Investigation report (Attachment of data on driving alcohol);

1. Application of Acts and subordinate statutes to a report of investigation (former and conclusive);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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